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Keene v. McCoy and Russi (Cayuga Co. Sup. Ct.); Morgan v. Hollins and Russi (Oneida Co. Sup. Ct.) - PLSNY
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Keene v. McCoy and Russi (Cayuga Co. Sup. Ct.); Morgan v. Hollins and Russi (Oneida Co. Sup. Ct.)

Both of these matters were Writs of Habeas Corpus challenging the Division of Parole’s failure to provide parole jail time credit for time spent in a local facility on a sentence ordered to run concurrent. The Division of Parole implemented a policy prohibiting parole jail time credit and applied it both prospectively and retroactively (to inmates sentenced prior to the change in policy). Petitioners in these cases were notified of the change in policy after they had accepted a plea bargain and were returned to DOCS’ custody. This new policy resulted in Petitioners’ maximum expiration date being extended by eight months. As a result of the litigation, Respondents were ordered to release Petitioners. Subsequent to the litigation, the Division of Parole rescinded this new policy and are began providing parole jail time in appropriate cases.